Alimony and spousal support are two of the biggest issues in many Illinois divorces. To further complicate an often already complex situation, there are different types of alimony or spousal support, also sometimes called maintenance.
Before you start running calculations about what you want to receive or might be expected to pay, it is helpful to understand these types and what they mean.
Temporary spousal support or alimony
Temporary spousal support is an amount of money awarded to a spouse while a divorce is pending.
The purpose is to help a spouse get back on their feet financially by covering their living expenses while the spouses are living separately and until the divorce is finalized. Temporary spousal support or alimony ends once the divorce becomes final.
Fixed-term spousal support or alimony
Fixed-term spousal support is an amount paid for a set time frame. Unlike temporary spousal support or alimony, these payments do not end when the divorce is final, but at a time set by the court.
The purpose is to allow a spouse time to become financially independent. This type of alimony or spousal support is usually awarded in situations involving a spouse who gave up a career to take care of children or educational opportunities because they lived off their spouse’s income.
Reviewable spousal support or alimony
Some situations are less certain. A spouse may need spousal support or alimony but the circumstances may justify not putting a set time for the payments to end.
This is when reviewable spousal support or alimony may be ordered. These payments are regularly reviewed by a court to determine if they are still necessary.
The goal with reviewable payments is the same as for a fixed-term award, which is to give the receiving spouse time to allow them to become financially self-sufficient.
However, reviewable may be more appropriate where there is not a clear-cut path for this to happen when other factors, such as children, could interrupt the timeline of meeting educational or career goals.
Permanent spousal support or alimony
Permanent spousal support or alimony continues for the remainder of the receiving spouse’s lifetime. This is only awarded in marriages that lasted 20 years or longer and the court could order payments to continue only for a time equal to the length of the marriage.
Even if you meet the criteria for permanent spousal support or alimony, it is rare for it to be awarded today.
How payments are made
Alimony or spousal support can be paid through small, regular payments or as a one-time payment, known as lump sum alimony. What payment structure is best usually depends on your specific situation.
The type and amount of spousal support or alimony awarded depends on statutory guidelines regarding calculations and various other factors.
No matter what type of spousal support or alimony a court awards, it can be terminated in certain situations. Some of these include when the recipient remarries, starts living with a new partner or has a new, substantial change in their circumstances which causes the payments to no longer be necessary.